United States v. Amador Mendoza

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 20, 2021
• Docket: 21-30038
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 20 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-30038

Plaintiff-Appellee, D.C. No. 2:11-cr-00181-WFN-14

v.

AMADOR SANCHEZ MENDOZA, AKA MEMORANDUM* Amador Sanchez,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding

Submitted October 12, 2021**

Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

Amador Sanchez Mendoza appeals pro se from the district court’s order

denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i).

We dismiss Mendoza’s appeal as untimely.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court entered its order denying Mendoza’s motion for

compassionate release on December 14, 2020. Mendoza’s notice of appeal was

not filed until January 28, 2021, outside of the 14-day timeline to appeal the

district court’s order. See Fed. R. App. P. 4(b)(1)(A). Mendoza did not ask the

district court for an extension of time to file his appeal, nor could the district court

have granted an extension sufficient to render the notice of appeal timely. See Fed.

R. App. P. 4(b)(4) (district court may not extend the time to file a notice of appeal

beyond 30 days). Because the government properly objected to Mendoza’s

untimely filing, we must dismiss Mendoza’s appeal. See United States v. Navarro,

800 F.3d 1104, 1109 (9th Cir. 2015).

This disposition is without prejudice to Mendoza filing a new motion for

compassionate release in the district court.

DISMISSED.

2 21-30038